Exception to Small Businessman by the Law No. 5 Year 1999 Concerning the Prohibition of Monopoly Practice and Unfair Business Competition Reviewed from the Islamic Economy Perspective

Apriani, Desi and Idris, Zulherman (2019) Exception to Small Businessman by the Law No. 5 Year 1999 Concerning the Prohibition of Monopoly Practice and Unfair Business Competition Reviewed from the Islamic Economy Perspective. In Proceedings of the Second International Conference on Social, Economy, Education and Humanity. pp. 202-207. ISSN 978-989-758-464-0

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Abstract

The Law of Republic Indonesia No. 5 year 1999 concerning the prohibition of monopoly practice and unfair competition excludes the small-scale businessmen of the enactment of such laws as a form of legal protection. There are pros and cons related to the exception to the small businessmen. The pros agree with the weakness of small-scale businessmen power and the deceit won’t make a broad impact. And the cons disagree with the reason equality before the law and concerns about the use of policies by irresponsible individuals. Thus, this motivates the writer to perform analysis to discover the exception toward the small-scale businessmen as a form of legal protection that is necessarily needed or not in terms of the principles of Islamic economy. The purpose of this paper is to recommend the ideal legal concept for business competition law of Indonesia in accordance with Islamic law. This research is juriditial normative research, used secondary data. Considering that a regulation must be in accordance with the legal values that is prevailing in the community, including the value of religious law, therefore the small-scale businessmen should not be excluded because it is contrary to Islamic economic principles that require every businessman to operate their business activities fairly.

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